ConAgra, Inc. v. Nierenberg
Supreme Court of Montana
7 P.3d 369 (2000)
Nierenberg (defendant) orally agreed by phone with ConAgra's (plaintiff) elevator manager to sell 12,500 bushels of wheat, later tried to negotiate the quantity down to 10,000, and received ConAgra's written confirmation of the 12,500-bushel sale about ten days after the call (delayed because he didn't pick it up at the elevator as usual, requiring it to be mailed); Nierenberg later sold his wheat elsewhere while telling ConAgra's manager he'd deliver "one of these days." ConAgra sued for the price difference after covering with substitute grain; the district court ruled for Nierenberg based on the statute of frauds, finding no clear admission of a contract and an unreasonably delayed confirmation given fluctuating wheat prices, and ConAgra appealed.
Whether an oral contract for sale is enforceable without a signed writing if the party against whom enforcement is sought admits that a contract was made.